On June 2, 2025, Shockwave Medical Inc. faced scrutiny at the Federal Circuit as it argued a significant point regarding patent law. The company’s legal counsel contended that applicant-admitted prior art needs to be accompanied by expert testimony when presented to the Patent Trial and Appeal Board (PTAB). However, this perspective didn’t gain the expected traction among the judges present at the hearing. The issue centers on whether expert input is essential to interpret what could already be considered as admitted prior art by the applicant, which could influence future PTAB proceedings and patent litigation strategies.
This case highlights ongoing debates regarding the role of expert testimony in supporting claims of prior art during patent challenges. The outcome of this legal contention could have significant implications for how patent attorneys prepare and defend their cases involving admitted prior art. More details about this hearing are available in the original article on Law360.